BOARD DATE: 14 July 2015
DOCKET NUMBER: AR20140020949
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that her general discharge be upgraded to a fully honorable discharge.
2. The applicant states the character of her service is unjust because she has matured and sought mental health assistance since her discharge. She is furthering her education and does not want her character of service to be a deciding factor in her career supported by VA Vocational Rehabilitation. She was a young chaplains assistant and started acting out because of the trauma that she experienced and she would like to be able to say that she served her country honorably and not be judged by the character of her discharge.
3. The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was serving in the U.S. Army Reserve when she enlisted in the Regular Army on 31 August 2005 for a period of 4 years and training as a chaplains assistant. She completed her one-station unit training at Fort Jackson, South Carolina and was transferred to Fort Hood, Texas for her first and only duty assignment.
3. She deployed to Iraq on 2 October 2006 and on 5 April 2007, nonjudicial punishment (NJP) was imposed against her for the wrongful consumption of alcohol and for wrongfully allowing a male Soldier into her room without a third party present.
4. On 21 April 2007, the applicants commander notified her that he was initiating action to separate her from the service under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct pattern of misconduct. He cited as the basis for his recommendation the applicants failure to go to her place of duty and her NJP.
5. After consulting with counsel the applicant elected to submit a statement in her own behalf. However, the statement is not present in the available records.
6. The appropriate authority approved the recommendation for discharge and directed that she be issued a general discharge.
7. The applicant departed Iraq on 21 May 2007 and was transferred to Fort Hood, Texas where she was discharged under honorable conditions on 22 May 2007, under the provisions of Army Regulation 635-200, paragraph 14-12b, due to a pattern of misconduct. She had served 1 year and 8 days of active service during her current enlistment.
8. On 19 February 2008, the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of her discharge. After reviewing the facts and circumstances in her case, the ADRB determined that her discharge was both proper and equitable under the circumstances and voted unanimously to deny her request on 16 January 2009.
9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. Chapter 14 establishes policy and procedures for separating personnel for misconduct. Specific categories include minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense, which includes drug offenses. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
b. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would jeopardize her rights.
2. Accordingly, the characterization and the narrative reason for separation were appropriate for the circumstances of her case.
3. The applicant's contentions have been noted; however, they are not sufficiently mitigating when compared to the repeated nature of her offenses in a war zone.
4. Accordingly, the applicant's overall service simply did not rise to the level of a fully honorable discharge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_x_______ ____x____ __x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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